S2.9 Checklist for Requirements of Recording

Writ which effects a Transfer of Title (Dual Registration only)

  • Granter is infeft
  • Parties designed
  • Present tense word of conveyance
  • Valid property description
  • Deduction of title where granter is not infeft
  • Valid execution
  • Application of Registration of Grantee.

Standard Security

  • Parties designed
  • Correct operative clause
  • Valid property description
  • Valid execution
  • Application of Registration on behalf of Grantee.

Discharge/Deed of Restriction

  • Parties designed
  • Correct operative clause
  • Correct identification of standard security
  • Deduction of title where granter is not in right of standard security
  • Valid execution
  • Application for Registration - Usually on behalf of the Grantee or in some circumstances in favour of Granter or third party. 

Writs creating/amending/deleting Heritable Rights

  • Parties designed
  • Corrective operative clause
  • Valid property description
  • Deduction of title where granter is not infeft
  • Valid execution
  • Application for Registration.

 

Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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